Friday, November 4, 2016

Can a Buyer Sue me for being injured while Viewing My Home?

Question: I put my house up for sale. My broker used a lockbox. Another broker brought by some buyers with an interest in the house. One of the buyers climbed on the roof to inspect it. What would happen if he fell?    Can he sue me?

Answer: Anyone can sue anyone else. That said, there would hopefully have to be some merit to the climber's claim and you certainly have arguments in your favor.
The idea of showing a house means that a prospective purchaser has the opportunity to view rooms, peek in closets, check basements and attics, look in cabinets and wander outside. The actions of the visiting buyer does not extend to behavior outside the realm of either reason or common sense.  For example, if the buyer had a sudden desire to carefully examine the innards of an electrical service box with his hand and screwdriver, that's not a problem which a reasonable and sensible person could anticipate. Check with your insurance agent and attorney concerning coverage and legal matters about your concerns.

If the buyer has concerns about the roof, they can be addressed with a written purchase offer that requires an inspection by a licensed and insured professional home inspector or roofing specialist.

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